HONG KONG SAR, CHINA Law and Practice Contributed by: Angus Forsyth, Angus Forsyth & Co
3.2 Children There are various statutes and codes, including the Broadcast Codes and the Code of Practice of the Association of Accredited Advertising Agencies of Hong Kong. In relation to children, there are restric - tions on the following: • tobacco advertising; • alcohol advertising; • food nutritional value advertising without sound scientific evidence; • timing of broadcast advertising; and • product labelling. The Broadcast Codes prohibit a wide range of adver - tisements and participation in advertisement, and the showing of and timing of advertisements with or to children. They also prohibit transmission of infringing advertisements at times within – or in close proximity to – programmes targeting children. 3.3 Dark Patterns There are no special laws or guidance in Hong Kong relating to “dark patterns” in advertising, except that it is now internationally established that dark pat - terns can be represented by “bait and switch”, which is defined under the Trade Descriptions Ordinance as coupling an invitation to purchase a product or service at a specified price (followed by a refusal to show or demonstrate that product) with the demonstration of a defective example, with the intention of promoting an actual different product (the “switch”). 3.4 Sponsor Identification and Branded Content The Code of Practice on Television Advertising Stand - ards, published on 15 December 2023, requires spon - sorship to be clearly identified in the form of spon - sor identification at the beginning and/or end of the programme and/or within the programme by way of title sponsorship, front and/or end sponsor credits or sponsorship references. The sponsor identification may include references to a sponsor’s name, their house/trade/brand/product/service name, trade mark/ logo, advertising slogan and attribute of the sponsor as well as other sponsor’s items such as product image, virtual product and QR code all clearly identifi -
ed opinion only. The Broadcast Codes require that all false claims and best-selling claims should be capable of substantiation either by research or by testing by the advertiser or independently audited sales figures
standard in the particular trade. 2.4 Product Demonstrations
The Broadcast Codes and the 4As Code contain spe - cific restrictions upon advertising content for product performance and there are specific controls and pro - hibitions upon performance claims provided under the Trade Descriptions Ordinance. 2.5 Endorsements and Testimonials Testimonials in advertising are required to comply with the Trade Descriptions Ordinance and false or mis - leading testimonials can be restrained by action for misrepresentation. They may also induce reliance by a consumer upon the testimonial, which if false or mis - leading can found legal action by an injured consumer for damages and possibly for injunction. 2.6 Environmental Claims Major government or privately promoted decisions on projects of land or environmental development are best supported by an environmental assessment impact report. 2.7 Disclosures There are no general rules governing the use of dis - closures in advertising. There are specific rules upon the nature, emphasis and boastful content under the Hong Kong is a signatory to the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights and accordingly prevents inclusion of geographical indicators in trade mark applications in Hong Kong. 3. Limitations and Special Laws 3.1 Representation and Stereotypes in Advertising There are no special laws or regulations that address stereotyping in advertising or inclusion, diversity and equality more generally. Trade Descriptions Ordinance. 2.8 Other Regulated Claims
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